Petitioner sought a mandamus to regularize 'B' kharab land in Sy.No.58 per the government circular dated 15.02.2020. The State submitted that only landlocked 'B' class lands qualify. The Court directed the Tahsildar to consider the representations and pass appropriate orders within four months.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 20279 OF 2024 (KLR-REG)
BETWEEN:
SRI. H.R. SURYANARAYAN, AGED ABOUT 74 YEARS, S/O LATE RAGHAVAPPA, R/AT NO. 77, HUTHANAHALLI, CHIKKAJALLA HOBLI AND POST, YELHANKA TALUK, BENGALURU - 562 157.
…PETITIONER
(BY SMT. LATHA S. SHETTY, ADVOCATE)
AND:
Digitally signed by YAMUNA K L Location: High Court of Karnataka
…RESPONDENTS
(BY SMT. B.P. RADHA, AGA)
THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R-2 TO CONSIDER PETITIONER REPRESENTATION DATED 08.02.2024 TO REGULARIZE 0.19 GUNTAS OF KHARAB LAND
IN SY.NO. 58 OF MARANAYAKANAHALLI, CHIKKAJALA HOBLI, YELAHANKA TALUK, BENGALURU AS PER THE GOVERNMENT CIRCULAR BEARING RD/161/LGP/2020(E) DATED 15.02.2020 IN ACCORDANCE TO LAW (ANNX-A AND C) AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned AGA accepts notice for the respondents-
State.
The captioned petition is filed seeking a mandamus against respondent No.2 to consider the representation dated 02.12.2024 and regularize 19 guntas of kharab land in Sy.No.58 of Maranayakanhalli, Chikkajala Hobli, Yelahanka Taluk, Bengaluru by considering the government circular dated 15.02.2020 as per Annexure-A and E.
measuring 1 acre of land out of which 19 guntas is a 'B' kharab land. The petitioner's mother purchased 1 acre of land in Sy.No.58 under registered sale deed dated 21.09.1976. The petitioner, along with his mother, asserts that they are in lawful possession of 19 guntas of kharab land. The petitioner claims that the petition land, being a 'B' kharab land, is used for agricultural purposes and accordingly, a representation is submitted willing to deposit the necessary fees seeking regularization of 19 guntas of kharab land in terms of a circular dated 15.02.2020.
those 'B' class lands, which are landlocked can be considered for regularization. She would further submit that, subject to satisfaction that petition land is landlocked, appropriate orders will be passed by considering the representations dated 08.02.2024 and 16.11.2021.
NC: 2024:KHC:35962 WP No. 20279 of 2024
Court passes the following:
ORDER
iii. This exercise shall be completed within a period of four months from the date of receipt of certified copy of this order.
Sd/(SACHIN SHANKAR MAGADUM) JUDGE
HDK List No.: 1 Sl No.: 15 CT: BHK
1 issue framed by the court
Whether the Tahsildar must consider the petitioner's representations for regularization of 19 guntas of 'B' kharab land in Sy.No.58 under the circular dated 15.02.2020.
1 provisions across 1 enactments
Sri. H.R. Suryanarayan
State of Karnataka, represented by its Chief Secretary, Revenue Department
Tashildhar, Mini Vidhana Soudha, Yelahanka Taluk
Sachin Shankar Magadum
As recorded by the court registry
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